 | Law reports, digests, etc - 1867 - 988 pages
...party has engaged to fulfil ; as, if a man offers to buy petti of another, and he sends him bfiins, he does not perform his contract ; but that is not...peas; the contract is to sell peas, and if he sends him anything else in their stead, it is non-performance of it." Here the plaintiff sold bales, marked... | |
 | Law reports, digests, etc - 1873 - 962 pages
...enunciated by Lord Abinger in Chanter v. Hopl-ins (11), when he says, " If a man offers to buy peas of another and he sends him beans he does not perform his contract; bat that is not a warranty ; there is no warranty that he should sell him peas : the contract is to... | |
 | Law - 1846 - 700 pages
...fulfil : as, if a man offer to buy peas of another, and he sends him beans, he does not perform the contract ; but that is not a warranty ; there is no warranty that he shall sell him peas : the contract is for the sale of peas, and if he sends him any thing else in their... | |
 | Solomon Atkinson - Contracts - 1853 - 562 pages
...non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform...peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it. So, if a man were to order copper... | |
 | George Ross - Commercial law - 1855 - 956 pages
...non-compliance with a contract which a party has engaged to fulfil ; as if a man offers to buy peas of another, and he sends him beans, he does not perform...warranty ; there is no warranty that he should sell him pease ; the contract is to sell pease, and if he sends him anything else in their stead, it is a nonperformance... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1860 - 642 pages
...non-compliance with a contract which a party has engaged to fulfill ; as if a man offers to buy peas of another, and he sends him beans, he does not perform...him peas ; the contract is to sell peas, and if he sells him anything else in their stead, it is a non-performance of it. So if a man were to order copper... | |
 | Judah Philip Benjamin - Sales - 1868 - 748 pages
...which a party has engaged to fulfil: as if a man offers to buy peas of another and he sends him beaus, he does not perform his contract; but that is not...him peas, the contract is to sell peas, and if he sell him anything else in their stead, it is a non-performance of it." 1 There can be no doubt of the... | |
 | Great Britain. Magistrates' cases - Justices of the peace - 1875 - 524 pages
...by Lord Abinger, in Chester v. Hopkins (4 M. & W. 404), when he says, " If a man offers to buy peas of another and he sends him beans, he does not perform...peas, the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it." We admit that the case is undistinguishable... | |
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... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but... 
